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C17, LLC Stapleton No. 1 Subdivision Agreement to accept payment in Lieu of Install Streelights Mayor Robert Simison W IDIAN ��� City Council Members Treg Bernt Joe Borton Public Works L! A H V Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Mayor Robert Simison Members of the City Council FROM: Al Christy— Transportation and Utility Coordinator DATE: 611012020 SUBJECT: AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS AT STAPLETON NO. 1 SUBDIVISION REQUESTED COUNCIL DATE: 6/22/2020 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with C 17, LLC. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Al Christy, Transportation and Utility Coordinator 489-0352 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Director of Public Works 985-1257 III. DESCRIPTION A. Background One of the site specific conditions of approval for the Stapleton No. 1 Subdivision was to provide sufficient funds for the installation of street lighting along S. Meridian Road (State Highway 69). The streetlights will be installed once sufficient development has taken place in the area. ITD has historically required 1/2-1 mile segments of State Highways have continuous lighting. B. Proposed Project Meridian City Counc7 IetingfAgenda June 23,2020— Page 152 of 216 Pursuant to the attached agreement with C 17, LLC, the City will accept the estimated amount of $59,255.00, required to install seven streetlights on S. Meridian Road. These funds will be used to install streetlights after sufficient development in the area has taken place, and ITD grants approval for lights between Victory and Amity. C 17,LLC is in favor of this solution and has signed the attached agreement. IV. IMPACT A. Strategic Impact: This agreement is in alignment with the Public Works Department's Strategic Plan 2010-2015 Objective ENG-12, which is to increase street lighting throughout the City to enhance the safety of our citizens in a fiscally responsible manner. B. Service/Delivery Impact: This agreement will increase the street lighting along S. Meridian Road while ensuring that the lights are installed at the appropriate time and in the appropriate location. C. Fiscal Impact: Per this agreement the City will receive$59,255.00. This is the estimated amount required to install the seven lights along S. Meridian Road and these funds will be reserved for that specific purpose. V. TIME CONSTRAINTS Council approval of this agreement will allow C17, LLC to remit the required funds to the City and receive their Subdivision approval once all other requirements have been met. VII. LIST OF ATTACHMENTS Agreement to Accept Payment in Lieu of Installing Streetlights at Stapleton No. 1 Subdivision. Approved for Council Agenda: /l z o Meridian City Council MFInVAgenda June 23,2020— Page 153 of 216 AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS AT STAPLETON NO. 1 SUBDIVISION THIS AGREEMENT for streetlight installation, made this23rdday of June, 2020 between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter"City"),and C17,L.L.C.,4824 W Fairview Ave Boise, Idaho 83706, (hereinafter"C17"). WHEREAS, C17 has received from City,conditional approval of the Final Plat forthe Stapleton No. 1 Subdivision, Case No. FP H-2019-0117; and, WHEREAS, One of the Site Specific Conditions of Approval of City's approval of FP H-2019- 0117 is to install streetlights on all public roadways per the City of Meridian Improvement Standards for Street Lighting; and, WHEREAS, C17 is currently unable to install the required streetlights on S. Meridian Road in front of the Stapleton No. 1 Subdivision because S. Meridian Road has not been built out to its ultimate width; and, WHEREAS, once S. Meridian Road is improved, City is willing to install the required streetlight if C17 has paid to City the estimated amount necessary to install the streetlight. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. C17 shall pay to City the amount of$59,255.00 as the amount necessary to supply and install seven (1)type 1 streetlights. 2. City agrees to accept the amount set forth in Article 1 in lieu of requiring C17 to install the seven (7)streetlights on S. Meridian Road frontage of Stapleton No. 1 Subdivision. 3. Upon payment of the amount in Article 1 by C17 to City, C17's requirement to install the seven (7)streetlights on S. Meridian Road shall be considered satisfied. 4. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by C17 of C17's Property. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. C17, LLC. CITY OF MERIDIAN By: AP By Jim Conger ember 107 Robert E.Simison, Mayor Meridian City Council Meeting Agenda June 23,2020— Page 154 of 216